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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 04-7776

PAUL THOMASON, JR.,


Petitioner - Appellant,
versus
UNITED STATES OF AMERICA,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (CA-04-21843)

Submitted:

January 27, 2005

Decided:

February 7, 2005

Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior


Circuit Judge.

Dismissed by unpublished per curiam opinion.

Paul Thomason, Jr., Appellant Pro Se. Isaac Louis Johnson, Jr.,
OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.


See Local Rule 36(c).

PER CURIAM:
Paul Thomason, Jr., seeks to appeal from the district
courts order denying relief on his motion filed under 28 U.S.C.
2255 (2000).

The order is not appealable unless a circuit

justice or judge issues a certificate of appealability.

28 U.S.C.

2253(c)(1) (2000). A certificate of appealability will not issue


absent a substantial showing of the denial of a constitutional
right.

28 U.S.C. 2253(c)(2) (2000).

A prisoner satisfies this

standard by demonstrating that reasonable jurists would find that


his

or

her

constitutional

claims

are

debatable

and

that

any

dispositive procedural rulings by the district court are also


debatable or wrong.

See Miller-El v. Cockrell, 537 U.S. 322, 336

(2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee,
252 F.3d 676, 683 (4th Cir. 2001).

We have independently reviewed

the record and conclude that Thomason has not made the requisite
showing.

Accordingly, we deny a certificate of appealability and

dismiss the appeal.


facts

and

materials

legal
before

We dispense with oral argument because the

contentions
the

court

are

adequately

and

argument

presented

would

not

in

the

aid

the

decisional process.

DISMISSED

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